Sibghat Ullah Khan, J. - (1.) HEARD learned Counsel for the parties. It is very fortunate that the landlord has not been impleaded in this writ petition.
(2.) PETITIONER is sitting tenant and the only contesting respondent i.e. Radhey Shyam Agarwal, respondent No. 3, is the allottee. Possession is still with the petitioner by virtue of the interim order passed by this Court. Property in dispute consists of three rooms on second floor and two tin sheds on 3rd floor forming part of House No. CK -37/8 Mohalla Kotwalpura, Varanasi. The property belongs to a trust known as "Satya Narain Trust". Local manager of the Trust at the relevant time was Shiv Kumar. Learned Counsel for the petitioner states that respondent No. 3 himself is tenant of ground floor as well as first floor of the same building. This fact is not denied by learned Counsel for respondent No. 3. Proceedings started on the application of respondent No. 3 for allotment. Rent Control and Eviction Officer, Varanasi through order dated 24.5.1978, copy of which is Annexure 'F' to the counter affidavit, declared the accommodation in dispute to be vacant holding that initially it was in the tenancy occupation of one Pooran Mal and after July, 1976 it was occupied by petitioner Ram Autar Sharma, hence legally the building was vacant. It has also been mentioned therein that the Manager of the Trust Sheo Kumar filed affidavit stating that recently it had come to his knowledge that Pooran Mal was sub let the accommodation to Gauri Shanker Sharma, father of the petitioner. Thereafter Rent Control and Eviction Officer/City Magistrate, Varanasi through order dated 31.3.1982 passed in Case No. 251 of 1976 allotted the building in dispute to respondent No. 3. Against the order of allotment dated 31.3.1982 petitioner filed Civil Revision No. 147 of 1982, which was dismissed by First Additional District Judge, Varanasi through order dated 17.8.1983, hence this writ petition.
(3.) IT appears that the petitioner had applied for regularization of his tenancy under section 14 of the Act on the basis of application filed by Jag Mohan Bagla, one of the trustees, copy of which its Annexure '5' to the writ petition.;